Revocation, Suspension. and Cancellation
Cancellation Cancellation occurs if your license was issued because of a mistake or fraud (giving false information or identification) or because you did not complete a department mandated course.
Mandatory Restrictions for Minors If you are under the age of 18 and accumulate six or more points within a 12-month period, you are automatically restricted for one year to driving for "Business Purposes ONLY." If any additional points are accumulated, the restriction is extended for 90 days for every additional point received (FS 322.27, FS 322.271).
Time Restrictions If you are a licensed driver and are under the age of 17, you may not operate a motor vehicle between 11:00 p.m. and 6:00 a.m., unless you are accompanied by a driver who is 21 years of age or older who holds a valid driver license, or you are driving to and from work. If you are a licensed driver who is 17 years of age, you may not operate a motor vehicle between 1:00 a.m. and 5:00 a.m., unless you are accompanied by a driver who is 21 years of age or older who holds a valid driver license, or you are driving to and from work (FS 322.1615).
Reinstatement and Administrative Hearings If your driving privilege is suspended or revoked, you may be eligible to apply for a hardship license or reinstatement. For eligibility information, you should contact the local Bureau of Administrative Reviews office, driver licenses office, or the Customer Service Center in Tallahassee. Even if your driver license has been permanently revoked because you have been convicted of manslaughter while driving under the influence, you may be able to get a restricted license. If ten years have passed since a driver's privileges were revoked and there are no prior convictions for a DUI-related offense, he or she may be eligible for a hardship license. To qualify, the driver must prove that he or she has not been arrested for a drug-related offense, has not driven a motor vehicle without a license, and has been drug free since his or her conviction. The driver must also complete a DUI program. The Department of Highway Safety and Motor Vehicles will then determine if the driver meets all the requirements and may reinstate the driver's privileges so that the driver may drive to and from work only. Effective October 1st, 2011, the ten year wait period changes to a five year wait period (FS 32.271). Not only can you be charged with DUI if you are found to be driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages, but also under the influence of controlled substances. Controlled substances that can lead to a DUI include: Prescription drugs Depressants Stimulants Narcotics Hallucinogens Inhalants You will be administratively suspended if you have a breath or blood alcohol level of .08 or above or refuse to submit to a chemical test. The suspension requires a mandatory period without a license. The driver may request a formal or informal review of the suspension by the department within 10 days after the date of issuance by the notice of suspension. This suspension is in addition to any penalties directed by the court.
Zero Tolerance If you are less than 21 years of age, have been stopped by law enforcement, and have a breath or blood alcohol level of .02 or higher, you will automatically have your driving privilege suspended for six months. If you are a driver under 21 with a breath or blood alcohol level of .05 or higher, you will be required to attend a substance abuse course. An evaluation will be completed and your parents or legal guardians will be notified of the results if you are under the age of 19.If you have a breath or blood alcohol level of .08 or higher, you can be convicted for driving under the influence (DUI). If you refuse to take a test, your driving privilege is automatically suspended for one year (FS 322.2616).
Review In this module you learned about Florida's laws related to driver license revocation, suspension, and cancellation. The revocation of a license is defined as a formal action to terminate a license, which from then on cannot be renewed or restored, but can only be replaced when you apply for a new license. There are many violations that may result in your license being revoked. Suspension is less severe. It is the temporary withdrawal of your license or driving privileges. Similar to revocation, there are multiple ways the court system can suspend your license. Your license can also be cancelled if it was issued by mistake or because fraud was discovered. If you are under the age of 18 and accumulate six or more points within a 12-month period you are automatically restricted for one year to driving for business purposes only. There are also certain driving time restrictions that apply to a driver who is under the age of 17.If your driving privilege is suspended or revoked, you may be eligible to apply for a hardship license or reinstatement. You need to check with your local Bureau of Administrative Reviews office. You can also be charged with DUI if it is determined that you are under the influence of certain controlled substances such as prescription drugs. The State of Florida has a zero tolerance policy when it comes to driving under the influence of alcohol. You will have your license suspended if you are less than 21 and you have a BAL of .02 or higher.
Introduction There are many reasons your license can be revoked, suspended, and cancelled. There are also mandatory restrictions that apply to drivers who are under the age of 18, such as the various times a driver is not allowed to drive .If your driving privilege is suspended or revoked, what are the next steps?
Revocation Revocation of a license is defined as a formal action to terminate a license. The license, from then on cannot be renewed or restored. It can only be replaced when you apply for a new license. Your license must be revoked if you are found guilty of: -Driving while under the influence of alcohol, drugs, or other controlled substances. -Committing a felony in which a motor vehicle is used. -Not stopping to give help when the vehicle you are driving is involved in a crash causing death or personal injury. -Lying about the ownership or operation of motor vehicles. -Having three cases of reckless driving within one year. -Forfeiting bail and not going to court to avoid being convicted of reckless driving counts the same as a conviction. -Committing an immoral act in which a motor vehicle was used. -Committing three major offenses or 15 offenses for which you receive points within a 5-year period. -Committing a felony for drug possession. -Having vision worse than the standard minimum requirements. -Racing on the roadway (FS 322.264, FS 322.26).
Disqualification for Commercial Drivers The Administrative Disqualification Law states that a commercial driver will be prohibited from operating a commercial vehicle if convicted of the following: -First disqualification for driving a commercial vehicle with an unlawful blood alcohol level (.04 or above): 1 year disqualification -Driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: 1 year disqualification -Refusal to submit to a breath, urine, or blood test arising from the operation of a commercial motor vehicle: permenantly disqualified
Suspension Suspension, on the other hand, is less severe and results only in the temporary withdrawal of a person's license or driving privileges. Your license can be suspended if you: -Make a fraudulent driver license application -Allow your license to be used for a purpose that is against the law -Are convicted in a traffic court and the court orders that your license be suspended -Refuse to take a test to show if you are driving while under the influence of alcohol or drugs -Misuse a restricted license -Earn a certain number of points for traffic offenses on the point system -Break a traffic law and fail to pay your fine or appear in court as directed There are also crimes that are not related to your vehicle which warrant the suspension of your license. They include: -Failure to pay child support -Failure to carry insurance on your vehicle -Failure to stop for a school bus -The use of tobacco if you are underage -Retail theft -Truancy Your license can be suspended for 30 days if you accumulate 12 points within a 12-month period. Your license can be suspended for three months if you accumulate 18 points within an 18-month period. Your license can be suspended for one year if you accumulate 24 points within a 36-month period. When the courts are computing points and suspensions, the offense dates of all convictions are used. Three points will be deducted from your record if your driving privileges have been suspended only once under the point system and has been reinstated. To have this occur, you must have complied with all other requirements. NOTE: Serving a point suspension does not prohibit your convictions from being used to accumulate additional suspensions or revocations (FS 316.172, FS 812.015, FS 322.245, FS 322.2615).
